Intellectual Property

Intellectual Property, Creativity, and Innovation

BSA advocates policies that inspire creativity and innovation through modern, comprehensive, and enforceable intellectual property policies, including copyright, patent and trademark laws. The software industry has relied throughout history on strong IP protections as the basis for creating sustainable and innovative business models. In fact, all innovative industries, including consumer electronics, automobile, medical, pharmaceutical and biotechnology, rely on these critical IP protections to succeed.

Specific policy actions needed:

  • Patent Reform: Reform outdated patent law by improving the quality of patents and restoring balance within the patent system.
  • Copyright & Trademark: Ensure that the legal framework for deterring software piracy keeps pace with changing technologies and business models.
  • Enforcement: Step up the vigorous enforcement of existing copyright and trademark laws, both domestically and internationally, with additional oversight and funding.
  • Software Policy: Maximize choice and innovation in the marketplace by maintaining government policies and procurement practices that are neutral with respect to technology solutions. Focus on establishing objective performance goals for IT solutions, including interoperability. Foster ongoing innovation and competition in technological solutions by allowing standards to develop through voluntary and open processes.
  • Training: Enhance funding for key federal and state efforts to combat IP theft with better training of enforcement officials and the creation of specialized IP units that can react quickly and knowledgeably to incidents of IP crime.
  • Public Awareness: Educate the public about the critical incentives that intellectual property protection provides for innovation, and wage and job growth.
  • Deterring Online Piracy of Content: The current voluntary industry-led approach to developing technologies to address online content piracy continues to be effective and mandated use of any such technologies is not justified. Measures taken should be tailored to the content piracy issue identified and Government’s role should be to ensure that legal offerings for digital content services are facilitated.